Cosmetic surgery as one of the ways of plastic surgery following expansion of compensatory surgery that initially was being used as means of fixing damaged or unusual body parts has been center of attention following changes in the lifestyle and social values. Therefore, various ideas about howness of surgeon’s penal responsibility have been presented about these surgeries. It is acknowledged that the root of most crimes and consequent casualties of cosmetic surgery is disobeying the conditions of amnesty from penal responsibility in Islamic punishment laws. Consequently, cosmetic surgeon according to article for shirking responsibility must first clarify the necessity of doing it according to dangers concerning the surgery, then acquire conscious consent of the patient, and the surgeon's expertness over his field must be observed and according to unnecessaryness of surgery and lack of evidence and necessity, maximum facilities and tools must be used during the procedure. Also avoidance in cosmetic surgery can't change proving it and if crime is committed, culpritness of surgeon would be enough to accuse the surgeon; therefore, he has to be able to prove all of his duties including balance between pros and cons of surgery, notifying the patient, and maximum observance of technical and scientific standards to governmental system.